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I believe I have legitimate reasons for quitting my job; would I be able to receive unemployment benefits?

Richmond, CA | November 5, 2009 8:30pm

I have been screamed at and moved to another building, many of my job responsibilities have changed. The same person who screamed at me is now trying to get me removed from one more of my job responsibilities and probably will manage to do so (he's a star money maker).

California Unemployment Insurance Code section 1256 provides that an employee is disqualified from receiving unemployment insurance benefits if he or she has left the most recent work voluntarily without good cause. If you quit, your eligibility for benefits depends on whether you had good cause, based upon the particulars of your case.

The California Employment Development Department, which makes the initial eligibility determination, has published some guidance on how it determines good cause which you may access at the following link: http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_5.htm#Good Cause.

Very generally, it applies a three part test to determine the presence of "good cause": (1) Is the reason for leaving "real, substantial, and compelling"? (2) Would that reason cause a "reasonable person," genuinely desirous of working, to leave work under the same circumstances? and (3) Did the claimant fail to attempt to preserve the employment relationship, thereby negating any "good cause" he/she might have had in leaving?

You should consult with an attorney to discuss the particulars of your matter and for any specific legal advice.

Unemployment insurance is a program that may provide you with money if you lose your job through no fault of your own. If you quit your job without meeting these requirements, you may be denied benefits because you will be considered to have voluntarily quit your job. If you feel unsafe at your job despite taking other steps, you may be eligible.

Because this matter is so important you should really get a lawyer. You might find my Legal Guide helpful " What Do I Tell My Lawyer?"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Online we cannot know what the other details are going on in your case because online we cannot find out those details. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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